When used together, Health Care Proxies, Wills, and Power of Attorney can be powerful tools to ensure that your legal and medical wishes come true if you can’t enforce them yourself. These documents offer a relatively inexpensive alternative to expensive guardianship processes for loved ones who cannot afford it.
Power of attorney: A power of attorney is a legal instrument that allows someone of your choice (the agent) to run your affairs if you become legally “incapacitated”. A properly executed power of attorney in the hands of a trusted relative or friend can ensure that your legal, financial, business and other personal matters can be managed if you cannot manage it yourself. The power of attorney can be as wide or narrow as you like. For example, you can authorize your agent to handle bank accounts, real estate, tax or family maintenance needs, or all of your business. While a power of attorney usually comes into effect upon execution, you can direct that it only applies to certain events such as your incapacity. A power of attorney can be a powerful aid to relatives who may need to access your financial accounts, manage your property or handle other matters if you are suddenly unable to do so. In New York, standard power of attorney must be executed in accordance with legal requirements. You may want to work with an attorney in preparing documents so they can be enforced when you need them.
Health Care Proxy: Health care proxies give third parties (proxies) the ability to make your medical decisions if you become incapacitated. It differs from a Power of Attorney in that it is the only advance directive that allows someone else to make medical decision on your behalf. Your power of attorney is required to direct your treatment so that it reflects your preferences regarding treatment decisions and your moral and religious attitude towards treatment. Like a power of attorney, a health care proxy is only valid when you can’t afford it. For example, your proxy has the ability to direct your care when you are in a coma or other unresponsive state, but cannot act if you regain the capacity to make decisions on your own. Health care proxies usually assume that you have expressed your will to the person you designate as a proxy. However, it might be a good idea to also remember your end-of-life wishes in a living will. Health care proxies must be run in a certain way in order to be binding. You may want to work with a lawyer to ensure that your wishes can be carried out if necessary.
Life Will: A living will is a document stating the type and duration of medical treatment you would like to receive if you have a terminal disease. In this respect, living wills are narrower in scope than health care proxies because they only govern end-of-life decisions. An individual has a constitutional right to make a decision about refusing or discontinuing life support. In New York, “clear and convincing evidence” of the patient’s intent must be demonstrated. A living will is not a binding document, but serves as “clear and convincing evidence” of your intentions. When combined with a health care proxy, a living will can describe in detail the types of life-saving care you want and the circumstances under which each should be provided. There are no legal guidelines regarding the creation of a living will. However, problems can arise if the requirements of your health care proxy conflict with your living requirements. To avoid this problem, you may want to work with a lawyer to produce both of these documents.
When properly designed, power of attorney, health care power of attorney, and will can prevent many of the problems associated with illness and the end of life. Medical emergencies are quite emotional. Help your family avoid contention, uncertainty, and expensive litigation by executing this important document today.